Title 12 — Title 12

Fees. (a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initia…

Vehicle. Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006. History: (Acts 1976, No. 564, p. 763; Act 2003-402, p. 1170, §1.)

Other Than Municipal and Probate Courts; Submission of Inventory to County Commission for Approval, Etc.; Finality of Decision of Administrative Director of Courts as to Items to Be Transferred to State. (a) The Administrative Director of Courts shall forthwith inventory all equi…

Supplies Utilized in Operation of Judicial System. (a) The county-owned equipment and furniture used in the operation of the judicial system shall become the property of the state as follows: (1) On January 16, 1977, all county-owned equipment and furniture used by circuit judges…

(a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge of probate as may be authorized or required by law: (1) Probate of will of not more than five pages, whether contested or not, with three certifie…

Repealed by Act 2000-108, p. 148, §8, effective October 1, 2000. History: (Acts 1984, No. 84-446, p. 1040, §8.)

(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2) Entering each appearance, to include all attorneys appearing on the …

(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00: (1) Serving summons$.50(2) Summoning each witness .25(3) Levying an attachment for not more than $50.00 .75(4) Levying an attac…

The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for like services on December 18, 1973. History: (Code 1886, §3688; Code 1896, §1378; Code 1907, §3723; Code 1923, §7288; Code 1940, T. 11, §37; Acts…

Circuit and District Court Proceedings. Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection a…

or Constables Generally. No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law shall be collected or received only on the principal, damages and interest of the execution. History: (Code 1852, …

Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money made or paid to the plaintiff in execution, and then only on the amount actually collected or paid. History: (Code 1852, §3055; Code 18…

Commissions. When the coroner or constable has levied execution and, before sale, it is stayed by order of the plaintiff, the coroner or constable so levying shall receive only half commission. History: (Code 1852, §3056; Code 1867, §3527; Code 1876, §5010; Code 1886, §3670; Code…

Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury for keeping direct and reverse indexes to books and records required by law. History: (Code 1876, §5023; Code 1886, §3674; Code 1896, §…

The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any…

The orders, judgments and decrees entered upon the minutes of a court are parts of the record of the cases to which they pertain and need not be copied into the final record. If so copied, no fee shall be charged therefor. History: (Code 1896, §2642; Code 1907, §5733; Code 1923, …

The original pleadings, motions or other papers in civil actions, the original process issued thereon and all affidavits and bonds taken in a court may be used and, if so used, shall stand as the final record. If said original pleadings, motions or other papers, process, affidavi…

The records of the judgments of any inferior court of record which heretofore ceased or hereafter ceases to exist is confided to the clerk of the circuit court of the county in which such court held its sessions. Such clerk shall preserve said records as a part of the records of …

No records or papers of any court shall be removed out of the county, except in cases of invasion or insurrection whereby the same may be endangered, unless by order of the court; provided, that any noncurrent records or papers may be deposited in the Department of Archives and H…

The file pertaining to a pending action shall not be taken from the office of the clerk, register or probate judge except by an attorney of record of a party to the action upon a receipt in writing signed by such attorney, stating the number and title of the case and the papers c…

Power of Courts. All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the s…

- Generally. When original papers in civil actions have been lost, mislaid, destroyed or mutilated, a court may cause a substitution thereof to be made by directing the attorneys representing the parties therein to file a copy thereof with the clerk or register of the court. Hist…

- in Pending Action or Proceeding. If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his…

- After Determination of Action or Proceeding. If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such pap…

- Where Deed, Contract, Conveyance or Other Instrument Involved. If the record of a deed, contract, conveyance or other instrument, the record of which is by law required or authorized, is lost, mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or i…

from Court Order or Decree Granting or Denying. From any order of a circuit or district court or probate court granting or refusing substitution under this article, an appeal lies to the appropriate appellate court as from final judgments or decrees in civil cases. From an order …

If the records of an appellate court, or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted under such rules and regulations as the court may prescribe. History: (Code 1886, §660; Code 1896, §2653; Code 1907, §5745; Code 1923, §10138; Code 19…

Municipality. The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state,…

(a) The court may, on motion and due notice thereof, require the parties to produce books, documents or writings in their possession, custody, control or power which contain evidence pertinent to the issues. (b) If the plaintiff or prosecution fails to comply with such order, the…

The mode or manner of authenticating or proving any documents or records provided for in this division shall not be held to be exclusive or restrictive, but shall be additional or cumulative modes or manners of authentication or proof of such records and documents. History: (Code…

A judgment is admissible between any parties to show the fact of the entry or rendition thereof; between parties and privies thereto it is conclusive as to the matter directly in issue until reversed or set aside. History: (Code 1907, §4002; Code 1923, §7700; Code 1940, T. 7, §41…

Registers of marriages, births and deaths, kept in pursuance of law or any rule of a church or religious society may be certified by the custodian thereof and, when so certified, are presumptive evidence of the facts therein stated as well as of the law or rule in pursuance of wh…

Copies of letters testamentary and of administration and guardianship shall be primary evidence of the fact of administration and guardianship to the same extent as the original letters, provided such copies of letters are duly certified from the proper record of the proper offic…

Whenever the records of a county or of any court or office, or any part thereof, shall be transcribed in pursuance of law, the copy or transcribed record shall be evidence and shall prima facie have the same force and effect as the original from which the transcript was made. His…

Copies of official bonds or other instruments or papers, required to be kept by any officer of this state and transcripts from the books and proceedings required to be kept by any sworn officer of the state are presumptive evidence in any case and have the same effect as if the o…

Instrument Governed by Commercial Law. The certificate of a notary public under his hand and seal of office or of any other authorized person under his hand and seal of the presentment for acceptance or demand of payment or protest for nonacceptance or nonpayment of any instrumen…

The official entry of the proper officer on a paper shall be sufficient evidence of its registry. History: (Code 1907, §3999; Code 1923, §7697; Code 1940, T. 7, §409.)

If the original of any paper properly registered is lost or destroyed, a certified copy from the registry shall be deemed good secondary evidence. History: (Code 1907, §4000; Code 1923, §7698; Code 1940, T. 7, §410.)

Interest. Historical works, books of science or art and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety and interest. History: (Code 1923, §7720; Code 1940, T. 7, §413.)

Entered Pursuant to Pro Tanto Settlements Generally. All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have effect according to their terms and the i…

Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Cou…

Receipts for money are always only prima facie evidence of payment and may be denied or explained by parol evidence. History: (Code 1907, §3964; Code 1923, §7660; Code 1940, T. 7, §372.)

In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competen…

Every written contract, the foundation of the action, purporting to be executed by the party sought to be charged, his partner, agent or attorney-in-fact, is evidence of the existence of the debt or that the party undertook to perform the duty for which it was given and that it w…

Price current and commercial lists, printed at any commercial mart, are presumptive evidence of the value of any article of merchandise specified therein, at that place, at the date thereof and of the rate of exchange between that and other places, also of the rates of insurance,…

Direct testimony as to the market value is in the nature of opinion evidence; one need not be an expert or dealer in the article, but may testify as to value if he has had an opportunity for forming a correct opinion. History: (Code 1907, §3960; Code 1923, §7656; Code 1940, T. 7,…

Higher Standard of Proof; Substantial Evidence Defined; Application. (a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts. Proof by substantial evidence shall be…

in Chain of Custody. Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. Whenever a witness in a criminal trial identifies a physi…

Interpreters may be sworn to interpret truly, when necessary, and must be paid as witnesses in the case. History: (Code 1852, §2275; Code 1867, §2679; Code 1876, §3034; Code 1886, §2764; Code 1896, §1793; Code 1907, §4010; Code 1923, §7724; Code 1940, T. 7, §436.)

Interpreter Provided in Certain Criminal and Juvenile Proceedings; Requirements; Fees. (a) Deaf person means any person either totally deaf, or who has defective hearing, or who has both defective hearing and speech. (b) For the purpose of this section, the term qualified interpr…